Utah Code § 26B-3-310

(1) The Legislature finds:
(a) that an oversupply of nursing care facilities in the state adversely affects the state Medicaid
program and the health of the people in the state;
(b) it is in the best interest of the state to prohibit nursing care facilities from receiving Medicaid
certification, except as provided by Sections 26B-3-311 through 26B-3-313; and
(c) it is in the best interest of the state to encourage aging nursing care facilities with Medicaid
certification to renovate the nursing care facilities' physical facilities so that the quality of life
and clinical services for Medicaid residents are preserved.
(2) Medicaid reimbursement of nursing care facility programs is limited to:
(a) the number of nursing care facility programs with Medicaid certification as of May 9, 2016;
and
(b) additional nursing care facility programs approved for Medicaid certification under the
provisions of Subsections 26B-3-311(5) and (7).
(3) The division may not:
(a) except as authorized by Section 26B-3-311:
(i) process initial applications for Medicaid certification or execute provider agreements with
nursing care facility programs; or
(ii) reinstate Medicaid certification for a nursing care facility whose certification expired or was
terminated by action of the federal or state government; or
(b) execute a Medicaid provider agreement with a certified program that moves to a different
physical facility, except as authorized by Subsection 26B-3-311(3).
(4) Notwithstanding Section 26B-3-311, beginning May 4, 2021, the division may not approve a
new or additional bed in an intermediate care facility for individuals with an intellectual disability
for Medicaid certification, unless certification of the bed by the division does not increase the
total number in the state of Medicaid-certified beds in intermediate care facilities for individuals
with an intellectual disability.
Renumbered and Amended by Chapter 306, 2023 General Session

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